This Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their experiences with others, we ask you to respect our rights to free speech, under the United States Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way. Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way either. If you feel there is anything here that is slanderous, untrue, or illegal, please bring it to our attention. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely manner. If you have a story to share, email me at ka7niq@yahoo.com, and I will add you as an author on Restraining Order Blog.

1/31/2017

The Harm of False Domestic Violence Allegations

Alexa Martin

Every couple fights, the only difference is how heated the fight becomes and what actions take place following the spark of the argument. Take Jeff and his girlfriend, for instance. Both are in their mid-twenties and his girlfriend tends to ‘go off the deep end’ when arguing. Last week, she called the cops on him and claimed he grabbed her by the wrists in attempt to control her. While Jeff was grabbing her wrists in defense, the police arrested Jeff and now he is undergoing extensive scrutiny by police as well as the public. Jeff’s girlfriend called the cops in an emotional state where she thought she could just have Jeff removed for the night. Instead, he is now potentially faced with life-altering judgements by society as well as a restraining order.

False Domestic Abuse Allegations

It is common for a man or woman to call the police during an altercation if an argument gets emotionally and physically charge in efforts to protect oneself. There are many common examples offalse abuse allegations such as:

·Self-defense situations

·Automatic reactions to pranks

·Unintentionally blocking the exit

·Holding the arms of the other person during an altercation.

The list of possible false abuse allegations is extensive but the bottom line is that once a domestic violence call is made, the police must continue the investigation. Typically, nobody can drop the charges but the district attorney. This means that if you claim domestic abuse in the home, and regret it later due to the false allegation, it is now in the hands of the law and the repercussions will follow the abuser.

Most states are required to follow through with an arrest during a domestic violence call to ‘error on the side of caution’. Often restraining orders are brought to the alleged abuser to separate the two-people involved in the violent altercation. Unfortunately, according to an organization called Save Services, 70% of restraining orders are false and 700,000 people are wrongfully arrested for domestic violence every year. Since a restraining order is an official court order, regardless of if you committeddomestic violence or not, there are serious consequences if any violation occurs. Craig Orent, a specialized domestic violence lawyer, lays out the different forms of domestic violence:

·Physical Violence

·Sexual abuse

·Psychological abuse

·Emotional abuse

·Forced economic dependency

Each form of domestic violence has different repercussions depending on the violence and severity in each case. For example, according to Arizona law, domestic violence can be anything like:

·Intimidation

·Harassment

·Stalking

·Videotaping without consent

·Endangerment

·Kidnapping

·Emotional abuse

·Aggressive behavior

The unjust nature of false accusations of domestic abuse extend beyond tarnishing another person's’ reputation in their family, society, and the workplace, but subjecting someone to a restraining order can result in serious fines or jail time if the wrongfully accused ‘abuser’ unintentionally violates the court order. Additionally, the alleged abuser could potentially walk away with an arrest, fines, and jail time for a false conviction; on the other hand, the district attorneys in the United States have never prosecuted the person who made the false claim. Essentially, one party could lose everything while the guilty party could walk away unscathed.

Ultimately, Jeff did not receive jail time because the case was built upon facts and the facts only showed how great he was as a boyfriend- no sign of any abuse. His record was clean, he cooperated with the police force, he hired an experienced attorney, and he is one of the lucky ones that is able to move on knowing he was exonerated.

Domestic violence is a horrible crime that deserves to be punished, but a false allegation is also detrimental and can lead to penalties in all aspects of life. Awareness about the effects of domestic violence false allegations and unnecessary restraining orders is imperative in order maintain a society who upholds justice.

1/30/2017

The Petitioner is filing a case against me not for threats, but instead for sending emails to get my property back-

The petitioner blocked my email address, phone number and dropped me from social media.

I wrote several emails, nothing in them was threatening or made any type of accusations, or were disrespectful in any way, actually they were very nice, asking to meet up to get my property back. The Petitioner has claimed the emails were blocked and were deposited directly into a SPAM folder, now is opening the folder and claiming the peace of mind is interrupted, and its harassing to get the emails.

That is it- nothing more- and I think the Judge is also wondering where the harassment is- but is anyone familiar with cases that were dismissed becasue the Petitioner claiming harassment because of emails they DID NOT get, but opened later on?

I look forward to any possible comments, how will I know if anyone responds to a blog post?